BILL NUMBER: AB 2719	CHAPTERED  07/07/00

	CHAPTER   98
	FILED WITH SECRETARY OF STATE   JULY 7, 2000
	APPROVED BY GOVERNOR   JULY 6, 2000
	PASSED THE SENATE   JUNE 22, 2000
	PASSED THE ASSEMBLY   MAY 15, 2000

INTRODUCED BY   Assembly Member Wesson

                        FEBRUARY 25, 2000

   An act to amend Sections 52 and 52.1 of the Civil Code, relating
to civil rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2719, Wesson.  Civil rights:  causes of action:  enforcement.
   (1) Existing law provides that whoever denies another person the
right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of
their race, color, or religion, among other things, or aids, incites,
or conspires in that denial, is liable for each and every offense
for the actual damages suffered by any person denied that right.  In
addition, a civil penalty of $25,000, among other amounts, may be
awarded to persons so denied their rights.
   This bill would further specify that the civil penalty may be
awarded in any action brought by the person denied the right, or by
the Attorney General, a district attorney, or city attorney.
   (2) Existing law provides that if a person or persons, whether or
not acting under color of law, interferes by threats, intimidation,
or coercion, or attempts to interfere by threats, intimidation, or
coercion, with the exercise or enjoyment by any individual or
individuals of rights secured by the Constitution or laws of the
United States, or of the rights secured by the Constitution or laws
of this state, a civil action may be brought by the Attorney General,
a district attorney, or city attorney for injunctive and other
appropriate equitable relief, in order to protect the peaceable
exercise or enjoyment of the right or rights secured.  Existing law
also provides that an individual so aggrieved may institute a civil
action for damages in his or her own behalf.  Existing law further
states that an action brought pursuant to this provision is
independent of any other remedy or procedure that may be available to
an aggrieved person under any other provision of law.
   This bill would specify, instead, that such an action is
independent of any other action, remedy, or procedure that may be
available to an aggrieved person under any other provision of law,
including, but not limited to, an action, remedy, or procedure
described in (1) for which a civil penalty may be awarded.
   (3) The bill would also declare the intent of the Legislature in
this regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature hereby finds and declares all of
the following:
   (1) Section 52.1 of the Civil Code guarantees the exercise or
enjoyment by any individual or individuals of rights secured by the
Constitution or laws of the United States, or of the rights secured
by the Constitution or laws of this state without regard to his or
her membership in a protected class identified by its race, color,
religion, or sex, among other things.
   (2) The decision in Boccato v. City of Hermosa Beach (1994) 29
Cal.App.4th 1797 misconstrued Section 52.1 of the Civil Code to
require that an individual who brings an action, or on whose behalf
an action is brought, pursuant to that section, be a member of one of
those specified protected classes.
   (b) It is the intent of the Legislature in enacting this act to
clarify that an action brought pursuant to Section 52.1 of the Civil
Code does not require the individual whose rights are secured by the
Constitution or laws of the United States, or of the rights secured
by the Constitution or laws of California to be a member of a
protected class identified by its race, color, religion, or sex,
among other things.
  SEC. 2.  Section 52 of the Civil Code is amended to read:
   52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51 or 51.5, is
liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than one thousand dollars ($1,000), and any attorney'
s fees that may be determined by the court in addition thereto,
suffered by any person denied the rights provided in Section 51 or
51.5.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
any action brought by the person denied the right, or by the
Attorney General, a district attorney, or a city attorney.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights  described in this section, and that
conduct is of that nature and is intended to deny the full exercise
of those rights, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint.  The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
   (d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance.  In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
   (e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor  does this section augment,
restrict, or alter in any way the authority of the State Architect to
require construction, alteration, repair, or modifications that the
State Architect otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages.  This subdivision is declaratory of
existing law.
  SEC. 3.  Section 52.1 of the Civil Code is amended to read:
   52.1.  (a) If a person or persons, whether or not acting under
color of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the
Attorney General, or any district attorney or city attorney may bring
a civil action for injunctive and other appropriate equitable relief
in the name of the people of the State of California, in order to
protect the peaceable exercise or enjoyment of the right or rights
secured.
   (b) Any individual whose exercise or enjoyment of rights secured
by the Constitution or laws of the United States, or of rights
secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief, and
other appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.
   (c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the
conduct complained of occurred or in the superior court for the
county in which a person whose conduct complained of resides or has
his or her place of business.  An action brought by the Attorney
General pursuant to subdivision (a) also may be filed in the superior
court for any county wherein the Attorney General has an office, and
in such a case, the jurisdiction of the court shall extend
throughout the state.
   (d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant to
subdivision (a) or (b), ordering a defendant to refrain from conduct
or activities, the order issued shall include the following
statement:  VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER
SECTION 422.9 OF THE PENAL CODE.
   (e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the county clerk to mail, two copies of any
order, extension, modification, or termination thereof granted
pursuant to this section, by the close of the business day on which
the order, extension, modification, or termination was granted, to
each local law enforcement agency having jurisdiction over the
residence of the plaintiff and any other locations where the court
determines that acts of violence against the plaintiff are likely to
occur.  Those local law enforcement agencies shall be designated by
the plaintiff or the attorney for the plaintiff.  Each appropriate
law enforcement agency receiving any order, extension, or
modification of any order issued pursuant to this section shall serve
forthwith one copy thereof upon the defendant.  Each appropriate law
enforcement agency shall provide to any law enforcement officer
responding to the scene of reported violence, information as to the
existence of, terms, and current status of, any order issued pursuant
to this section.
   (f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.
   (g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to an
aggrieved individual under any other provision of law, including, but
not limited to, an action, remedy, or procedure brought pursuant to
Section 51.7.
   (h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b), the
court may award the petitioner or plaintiff reasonable attorney's
fees.
   (i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.9 of the Penal Code,
or by a proceeding for contempt brought pursuant to Title 5
(commencing with Section 1209) of Part 3 of the Code of Civil
Procedure.  However, in any such proceeding pursuant to the Code of
Civil Procedure, if it be determined that the person proceeded
against is guilty of the contempt charged, in addition to any other
relief, a fine may be imposed not exceeding one thousand dollars
($1,000), or the person may be ordered imprisoned in a county jail
not exceeding six months, or the court may order both the
imprisonment and fine.
   (j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry out
the threat.
   (k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person's
speech.  An order restricting the time, place, or manner of any
person's speech shall do so only to the extent reasonably necessary
to protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.
